Environmental Liability in the Mining Sector: Prospects for Sustainable Development in the Democratic Republic of the Congo

Abstract

The return of international financial institutions to the Democratic Republic of the Congo (DRC), after many years of dictatorship and war, occurred in 2001. Since 2002, the transition government, in collaboration with financial backers, has implemented a series of large-scale reforms, beginning with the adoption of a new Mining Law, conceived to encourage foreign direct investment in the country. During this process, the mining sector has experienced a new cycle of growth, and the spectre has arisen of substantial environmental liabilities with consequences for the entire country. This chapter raises the question of environmental challenges for the country in terms of sustainable development. This leads to the thorny issue of who is responsible for solving this problem: the state, private companies, and/or international financial institutions? These issues are approached using the results of an environmental audit of Gecamines (a state-owned mining company) financed by the World Bank Trust Fund, and conducted by Canadian consultant group SNC-Lavalin. The audit was submitted to the Bank and government of the DRC for review in April 2003, and was made public in 2004.